What gives board the right to check her tenant?

Community Living

September 28, 2009|By Richard White

Q. I own a condominium that I rent. On the application for the lease, it states that a background and credit check will be done at the owner's expense. I take issue with the fact that I own the unit; a board should not have the need for such a check as the tenant pays the rent directly to me. What are the statutes that give an association board permission to do a background check?

LF DeBary

A. You must check your documents first to determine if the board has the right to screen and review prospective buyer and renters. Sometimes it is called right of first refusal (FS 718.612). While the credit check would seem to only protect you, the facts are that residents do interact with other neighbors. It is a protection that your renter does not have any skeletons in the closet.

In addition, the board can say that if you have a renter with a poor credit record, that renter might not pay you the rent -- leaving you in a weak financial position and jeopardizing your ability to pay your fees.

The procedure you question is not a standard process for all associations because it might not be in their documents. I must assume that your documents do spell out this background-check process as a requirement.

He wants to know who's delinquent

Q: am a condominium owner. I asked for a list of the units that were delinquent, and the manager said he could not provide me with one. I am somewhat cynical admittedly, but I do not trust my property manager.

I do not wish to physically assault my delinquent neighbors; I simply wish to shame them into paying. What should I do?

JA Clearwater

A: Though you should be able to access the information, there is a proper way to request the data.

I suggest that you send a letter. I recommend a certified letter, addressed to the board of directors and ask for the information.

However, asking for delinquent accounts may be a violation of the Federal Credit Laws. Rather than asking for the names of the delinquent owners, you could ask for a list of the receivables.

I must caution you that if you harass, disturb, or annoy delinquent owners, you may violate the Credit Act. What you need to do is make sure that the board is taking action to collect through liens and foreclosure action.